GIBSON, District Judge.
After verdict for the plaintiff, defendant has moved for judgment in its favor upon a motion for binding instructions presented at trial and reserved by the court. It has also filed a motion for a new trial.
The plaintiff, with a friend, had witnessed a ball game on August 13, 1939, from the grandstand of the defendant Company. His seat was in the second tier, and just before the end of the game he and his friend started, with a number...
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